Application for Writ of Possession – Georgia Court

The “Application for Writ of Possession” is a legal document used in the Magistrate Court of Clayton County, Georgia, to request the issuance of a writ of possession. This form is typically filled out by the plaintiff (usually a landlord) to regain possession of a property from a defendant (usually a tenant) due to specific reasons such as non-payment of rent or failure to comply with a court order. This form is essential for landlords seeking to legally reclaim their property and outlines the necessary legal steps and acknowledgments required to proceed with an eviction.

Filling out this form correctly is crucial to ensure the legal process proceeds smoothly. Below is a step-by-step guide to assist you in completing the form:

Step-by-Step Guide

Court Information and Case Number

1. • At the top of the form, fill in the name of the court: “MAGISTRATE COURT OF CLAYTON COUNTY”.
   • Enter the State of Georgia.
   • Write down the Case Number provided by the court.

Plaintiff and Defendant Information

1. • Plaintiff: Enter the full name of the plaintiff (the person or entity filing the application).
   • Plaintiff’s Address: Provide the complete address of the plaintiff.
   • Defendant: Enter the full name of the defendant (the person or entity from whom possession is being sought).
   • Defendant’s Address: Provide the complete address of the defendant.

Grounds for Application

1. • Select the appropriate reason for applying for the writ of possession by checking one of the boxes:
     • Defendant’s failure to file an answer: Check this if the defendant has not filed a response and the plaintiff has not accepted any money.
     • Non-compliance with Court Order: Check this if the defendant has not complied with a court order and specify the details such as payment amount and due date.
     • Other: If there is another reason, check this box and provide a brief explanation.

Statement of Acknowledgment and Waiver

1. • Read this section carefully. It acknowledges the notice of possible citations against the plaintiff if the defendant’s personal property is not removed within 24 hours.
   • Signature of Plaintiff, Attorney, or Authorized Agent: The plaintiff or their legal representative must sign here.
   • Date: Enter the date the form is signed.
   • Notary Public/Deputy Clerk: This section must be completed by a Notary Public or Deputy Clerk to notarize the document. They will sign and date the form and apply their official seal.

Important Notice

1. • This section outlines the legal ramifications and responsibilities regarding the removal of the tenant’s property. Ensure you understand this information before proceeding.

Writ of Possession Command

1. • This section is for the court’s use. The judge will fill out and sign this part to command the Sheriff of Clayton County to remove the defendant and their property from the premises.
   • Effective Date: This will be completed by the judge to specify when the writ of possession will take effect.

Additional Tips

• Accuracy: Ensure all information is accurate and up-to-date to avoid any delays or issues with your application.
• Documentation: Attach any supporting documents that justify your application, such as the court order or evidence of non-payment.

By following these steps, you can accurately complete the “Application for Writ of Possession” form and proceed with the legal proceedings.